Madison County Circuit Judge Andreas Matoesian dismissed a personal injury lawsuit over a man’s fall on a rig after learning that the same action was filed in St. Clair County.
In his order, he wrote that plaintiff’s counsel said the case was unintentionally filed in Madison County after it was already filed in St. Clair County. For that reason, the court decided to dismiss the case on its own motion on Jan. 28, noting that the case was not dismissed due to the merits of the case.
According to Darrell Frits’ July 9 lawsuit filed in Madison County, the plaintiff was working as a carhauler for Jack Cooper Transport Company on Aug. 1, 2012, and was maneuvering on the upper deck of a rig that defendant Auto Handling Corporation owned. He claims that while doing so, he fell from the deck.
The same complaint was filed on July 8 in St. Clair County.
Frits accuses Auto Handling Corporation of negligently failing to review and analyze available injury and testing data, failing to adequately test the rigs to determine that the upper decks were safe and failing to repair the tractor and install handrails, the suit states.
The Frits were represented in their Madison County case by Brian M. Wendler and Ellen R. Burford of Wendler Law in Edwardsville and Charles W. Armbruster and Michael T. Blotevogel of Armbruster, Dripps, Winterscheidt and Blotevogel in Alton.
Madison County Circuit Court case number 14-L-964